Supreme Court of India
Rasheeda Khatoon (d) through Lrs. v. Ashiq Ali S/o Lt. Abu Mohd (d) through Lrs.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid premises, we, though for different reasons, affirm the judgment and decree of the High Court and dismiss the appeal as a consequence of which the suit of the plaintiff stands dismissed.
Judgment, page 19
From the headnote
Mohammedan Law - Oral gift (Hiba) - Validity of - Suit for declaration as owner in possession - On the basis of oral gift which was later mentioned in written gift (unregistered) - Held: To make a gift valid, there has to be actual or constructive possession by the donee - The plaintiff did not prove either actual or constructive possession - Hence, suit not liable to be decreed. Constitution of India, 1950 - Article 136 - Jurisdiction under- Scope of- Interference with concurrent finding of facts - Held: Is permissible if the conclusion on factual aspects are manifestly perverse or
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